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Randy M. Hess - Insurance Coverage Law

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Hess • Bower • Adams-Hess, PC
2105 S. Bascom Ave., Suite 200
Campbell, California  95008
Phone: 408-341-0234
Fax: 408-341-0250
https://www.hbalawgroup.com/
[email protected]


Randy M. Hess, Esq., is a founding member of the law firm of Hess • Bower • Adams-Hess, a professional corporation, where his practice focuses on insurance coverage disputes. He received his J.D. degree from the University of Santa Clara School of Law in 1979. Mr. Hess represents policyholders, including individuals, businesses, publicly held companies and governmental entities, in coverage disputes. Mr. Hess has represented insureds before the California Supreme Court, Court of Appeal, Federal Courts, and in Superior Court actions. He emphasizes coverage issues concerning the duty to defend, particularly businesses and lenders, as well as employers who have been sued by employees. Mr. Hess has written articles on insurance coverage for numerous publications including California Lawyer Magazine and the California Trial Lawyers Association Forum. He is admitted to practice before all state and federal courts in California and before the United States Supreme Court.

Mr. Hess is a member and is the past chairperson of the Santa Clara County Bar Association Insurance Committee. He is contributing author to "How Insurance Companies Settle Cases" (James & Co., 1998), and has lectured for the California Continuing Education of the Bar on coverage issues. He has lectured on new developments in insurance issues, and has provided continuing education to defense counsel, employment law firms, lenders, insurance agents and brokers, and attorneys. He has written articles and been featured in the Daily Journal and Recorder legal newspapers.

Mr. Hess is also rated "AV" by Martindale-Hubbell, Inc., (highest rated ability for both legal ability and ethics). Ethics and professional responsibility are highly valued by Mr. Hess and the Hess • Bower • Adams-Hess firm. Mr. Hess has been retained as an expert by insurers, law firms, and policyholders on coverage issues and professional liability matters.

Hess • Bower • Adams-Hess provides legal services on behalf of policyholders in insurance disputes against insurers. The firm has set substantial precedent in insurance law on behalf of policyholders and has handled coverage and bad faith matters on behalf of individuals, businesses, multi-national publicly traded companies and public entities.

Except for providing legal services to title insurers, Hess • Bower • Adams-Hess only handles matters on behalf of policyholders in order to avoid conflicts of interest.

Insurance and bad faith litigation has created literally thousands of published court cases concerning the interpretation of insurance policies. Frequently, insurers send lengthy letters to insureds denying coverage and citing various cases and exclusions, but ignoring other relevant cases, policy forms or the inapplicability of certain exclusions to certain claims. While the task of reviewing insurance policies and coverage issues is daunting to an attorney whose practice does not emphasize insurance coverage matters, the coverage issues upon which insurers deny coverage are matters which are dealt with by the firm on a daily basis. Claims made by employees, claims of mixed negligence and intentional acts, claims made regarding employee benefit plans, commercial litigation, unfair competition claims, construction litigation, environmental claims, and claims made by borrowers or investors are matters which are frequently summarily denied by insurers.

Hess • Bower • Adams-Hess takes the approach of presenting the law and facts of the claim which require the insurer to provide coverage, and moves to convince the insurer to voluntarily provide coverage and a defense without litigation. However, if a valid claim is refused, the firm handles bad faith litigation in both federal and state courts. Besides coverage analysis and litigation, the firm can review the various policies of an insured, and make recommendations regarding the various policies needed by an insured. Hess • Bower • Adams-Hess does not sell insurance, but only provides legal advice regarding insurance matters.

Generally, insurance matters are referred to Hess • Bower • Adams-Hess by attorneys who have been unable to obtain voluntary coverage from an insurer and who request the additional expertise that the firm provides with regard to insurance coverage matters.

Areas of Practice:

Insurance Coverage Disputes
Bad Faith Claims
Insurance Coverage Issues Concerning Employer-Employee Disputes
Sexual Harassment
Wrongful Termination
Commercial Litigation
Unfair Competition Claims
Environmental Matters
Construction Litigation
Duty to Defend Matters

Bar Admissions:
Texas 1983
California 1996
U.S. District Court of Northern California 1989
U.S. District Court of Northern Texas 1985
U.S. District Court of Eastern, Texas 1996
U.S. Court of Appeals 9th Circuit

WARNING: Before sending any information to Mr. Hess, please read our DISCLAIMER which provides that you are to provide no confidential information to us over the web site without the appropriate steps being taken as outlined in the DISCLAIMER and that no attorney-client relationship will be formed except as set out in the DISCLAIMER.

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Education:
Arizona State University, B.S., cum laude, 1976

Santa Clara University, J.D., 1979

Contributing Author:
California Automobile Insurance Law Guide, CEB, 2005-2007.

Speaker:
"Insurance Premium Insurance and Indemnity Agreements," Santa Clara County Bar Association, 2004
"Insurance Issues for Lenders," California Mortgage Association, 2004
"Insurance Coverage for Real Estate and Business Attorneys," Santa Clara Bar Association, 2003
"Avoiding Traps in Insurance Coverage and Claims," American Corporate Council, San Francisco, 2002
"Insurance Primer for the High Tech Attorneys," Santa Clara County CLE, San Jose, 2000
"Insurance Issues for the Mortgage Lender," California Mortgage Association, Burlingame, 2000

Speaker/Author:
"Fundamentals of Employment Law Practice: Insurance Coverage," CEB San Francisco and Sacramento, September 1999-2001
"Insurance Settlement Handbook-Establishing Bad Faith", James & Co., 1998-2000
"Insurance Coverage Issues for Lenders," California Trust Deed Brokers Association, 1998
"Malicious Prosecution Coverage Issues/Personal Injury Coverage Issues," Bad Faith Blockbusters, Annual Monterey Bad Faith Seminar, August 1996
"Run for Cover (Employer's Insurance Coverage for Claims Made by Employees)"
"Beware of Attacks on the Liability Insurance Notice-Prejudice Rule"

Continuing Legal Education. Co-Author:
"Recent Developments in Insurance Law, Lorman Education Services, April 1994-1996
"Foreclosure and Insurance Issues," Mortgage Association of California, January 26, 1996
"The Workplace in Transition/Labor and Employment Law Supplement," Los Angeles Daily Journal and San Francisco Daily Journal, July 27, 1995
"Antitrust Laws and Insurers," California Trial Lawyers Association Forum, December 1993

Recognition:
Silicon Valley Best Attorneys, San Jose Magazine, 2000-2008
Bay Area Top Attorneys, San Francisco Magazine and Northern California Super Lawyer in Insurance, 2004-2010
Chair, 1997 and Co-Chair 2003 and 2006 of Executive Committee
Insurance Law. Chair, Cardozo Society, 2006-2008.

Reported Cases:
Dart Industries v. Commercial Union Ins. (2002) 28 Cal. 4th 1059
USA NeutraSource, Inc. v. CNA Ins. Co. 140 F.Supp.2d 1049 (N.D.Cal 2001)
Vandenberg v. Superior Court (Centennial Ins. Co.) (1999) 21 Cal. 4th 815
Wong v. State Compensation Ins. Fund (1993) 12 Cal.App.4th 686
USA NeutraSource v. CAN Ins., 140 F. Supp.2d 1049 CN.D. Cal 2001
Apte v. Japra, Inc., 96 F.3d 1319 (9th Cir. 1996)
Lesser v. State Farm Ins. Co., 1996 WL 339854 (C.D.Cal. 1996)
I.E. Associates v. Safeco Title Ins. Co. (1985) 39 Cal.3d 281
Primiani v. Federal Insurance Co., 2006 U.S. App. LEXIS 27403 (9th Cir. 2006 - unpublished)

Insurance Coverage Law

Insurance and bad faith litigation has created literally thousands of published court cases concerning the interpretation of insurance policies. Frequently, insurers send lengthy letters to insureds denying coverage and citing various cases and exclusions, but ignoring other relevant cases, policy forms or the inapplicability of certain exclusions to certain claims. While the task of reviewing insurance policies and coverage issues is daunting to an attorney whose practice does not emphasize insurance coverage matters, the coverage issues upon which insurers deny coverage are matters which are dealt with by the firm on a daily basis. Claims made by employees, claims of mixed negligence and intentional acts, claims made regarding employee benefit plans, commercial litigation, unfair competition claims, construction litigation, environmental claims, and claims made by borrowers or investors are matters which are frequently summarily denied by insurers.
  • Home
  • Letter from the Chairman
  • Member Directory
    • James Bach
    • Robert Burton
    • Gerald Clausen
    • ​Thomas J. D'Amato
    • Ryan Dunn
    • Jason Geller
    • Matthew Gluck
    • Randy M. Hess
    • Michele L. McGill
    • Christopher F. Morales
    • Kelly Robbins
    • Dennis Sullivan
    • Virginia Villegas
  • MCLE Programs
  • Contact
  • Resource Links